Da promessa à realidade: a cidade potiguar do século XIX, a partir do olhar da elite

The purpose of this research is to apprehend the perception that the ruling elite, especially the Presidents of the province of Rio Grande do Norte/Brazil, had about the potiguar city, that is, the urban localities existing in the province along the 19th century. By interweaving political, administrative, socioeconomic and spatial aspects, the study of this perception involves two distinct moments, which are also linked: a moment of apprehension of the city, that is, how the elite seizes, describes and criticizes the city; and, a second moment, which occurs simultaneously or after the first moment, of intervention in the city, in which the elite exposes its vision and projects for the city and for the territory. Rather than describing the potiguar city in itself, the research is an attempt to reveal how it was perceived along this process from a particular standpoint or discourse, official and elitist, which did not correspond necessarily or completely to what it was in reality. We tried to understand, always through the lens of the discourse, how the ruling elite perceived the potiguar city based on what their members thought about other urban realities, particularly of the advanced countries; how, within an integrated vision, this city was characterized in political, administrative, socioeconomic and spatial terms and how it consolidated itself along the period established for the research. Qualitative and historical in nature, this study was also methodologically developed based upon bibliographical and documental research. Given the fact that this research works with descriptions, comparisons and interpretations, it was necessary to make use of tools such as the discourse analysis in order to apprehend, as much as possible, what lay behind the words of the elite. The primary sources used were essentially the official documents produced by the Presidents of the province, as well as other documents written by top government officials and other members of the administration staff, all of them composing the so-called ruling elite of Rio Grande do Norte. Secondary sources were books and other publications, theses and dissertations, among others. The research made possible the identification of a certain perception of the potiguar city in the 19th century, which is certainly limited because it is grounded on a specific discourse - that of the political and administrative elite, but which, in spite of such a limitation, is still useful to understand the city and its evolution along the period established, among other noteworthy remarks

A função social do contrato como concretização de direitos fundamentais nas relações privadas

This dissertation deals with the social function of the contract, based on constitutional principles, especially those relating to fundamental rights. The social function of the contract (general clause) is described in the Civil Code so intentionally generic, no precise criteria to define it. Because of the fluidity of this principle, it is justified its closer study, seeking to assess its various meanings and looking away from the legal uncertainty that an unlimited conceptual vagueness can cause. The social function of the contract arises from a transformation experienced in private law from the inflows received from the Constitutional Law, the result of an evolutionary process by which it became the state structure, leaving the foundations of the classical liberal state and moving toward a vision guided by existential human values that give the keynote of the Welfare State. Arose, then the concern about the effectiveness of fundamental rights in relations between individuals, which is studied from the inapplicability of fundamental rights in private relations (U.S. doctrine of State action), passing to the analysis of the Theory of indirect horizontal effect of fundamental rights (of German creation and majority acceptance), reaching the right horizontal efficacy Theory of fundamental rights, prevailing Brazilian doctrine and jurisprudence. It has also been investigated the foundations of the social contract, pointing out that, apart from the provisions of the constitutional legislation, that base the principle on screen, there have also been noticed foundations in the Federal Constitution, in devices like the art. 1, III, the dignity of the human person is the north of the relationship between contractors. Also art. 3rd, I CF/88 bases the vision of social covenants, equipping it for the implementation of social solidarity, as one of the fundamental objectives of the Republic. Still on art. 170 of the Constitution it is seen as a locus of reasoning in the social function of the contract, the maintenance of the economic order. It is also studied the internal and external aspects of the social function of the contract, being the first part the one that considers the requirement of respect for contractual loyalty, through the objective good faith, as a result of the dignity of the hirer may not be offended by the other through the contract. On the other hand, the external facet of the social function of the contract, in line with the constitutional mandate of solidarity, indicates the need for contractors to respect the rights of society, namely the diffuse, collective and individual third party. In this external appearance, it is also pointed the notion of external credit protection, addressing the duty of society to respect the contract. There has been shown some notions of the social contract in comparative law. Then, there has been investigated the content of principle study, through their interrelationships with other provisions of private and constitutional law, namely equality, objective good faith, private autonomy and dignity of the human person. We study the application of the social contract in contractual networks as well as the guidance of conservation of contracts, especially those denominated long-term captive contracts, considering the theory of substantive due performance, concluding with an analysis of the social contract in code of Consumer Protection

Da promessa à realidade: a cidade potiguar do século XIX, a partir do olhar da elite

The purpose of this research is to apprehend the perception that the ruling elite, especially the Presidents of the province of Rio Grande do Norte/Brazil, had about the potiguar city, that is, the urban localities existing in the province along the 19th century. By interweaving political, administrative, socioeconomic and spatial aspects, the study of this perception involves two distinct moments, which are also linked: a moment of apprehension of the city, that is, how the elite seizes, describes and criticizes the city; and, a second moment, which occurs simultaneously or after the first moment, of intervention in the city, in which the elite exposes its vision and projects for the city and for the territory. Rather than describing the potiguar city in itself, the research is an attempt to reveal how it was perceived along this process from a particular standpoint or discourse, official and elitist, which did not correspond necessarily or completely to what it was in reality. We tried to understand, always through the lens of the discourse, how the ruling elite perceived the potiguar city based on what their members thought about other urban realities, particularly of the advanced countries; how, within an integrated vision, this city was characterized in political, administrative, socioeconomic and spatial terms and how it consolidated itself along the period established for the research. Qualitative and historical in nature, this study was also methodologically developed based upon bibliographical and documental research. Given the fact that this research works with descriptions, comparisons and interpretations, it was necessary to make use of tools such as the discourse analysis in order to apprehend, as much as possible, what lay behind the words of the elite. The primary sources used were essentially the official documents produced by the Presidents of the province, as well as other documents written by top government officials and other members of the administration staff, all of them composing the so-called ruling elite of Rio Grande do Norte. Secondary sources were books and other publications, theses and dissertations, among others. The research made possible the identification of a certain perception of the potiguar city in the 19th century, which is certainly limited because it is grounded on a specific discourse - that of the political and administrative elite, but which, in spite of such a limitation, is still useful to understand the city and its evolution along the period established, among other noteworthy remarks